FUNG SHIU AND ANOTHER v. FOK HOI HO AND ANOTHER

FUNG SHIU AND ANOTHER v. FOK HOI HO AND ANOTHER

The District Court reinstated judgment for the plaintiff against the first defendant for vacant possession and mesne profits, held s.53(6A) does not apply in the District Court so common law governs that a sub-tenancy normally terminates with the head-lease, but on the facts the second defendant is a lawful sub-tenant entitled to security of tenure of the cubicle occupied subject to payment of specified arrears and current rent; accordingly specific conditional orders were made preserving the sub-tenant's security of tenure.

Citation
FUNG SHIU AND ANOTHER v. FOK HOI HO AND ANOTHER
Parties
Plaintiff: Fung Shiu; Plaintiff: Wong Hin Fun; 1st Defendant: Fok Hoi Ho; 2nd Defendant: Lee Tak Ming
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
2 March 1984
Case Number
DCCJ5278/1983
Procedural Posture
Landlord and Tenant Possession / District Court Judgment After Hearing
Outcome
Judgment for plaintiff against 1st defendant for vacant possession and mesne profits; 2nd defendant declared a lawful sub-tenant entitled to security of tenure of his cubicle subject to conditions; costs awarded to plaintiff against 1st defendant to be taxed; no costs order against 2nd defendant.
Legal Topics
Security of Tenure, Sub Tenancy, Forfeiture, Lands Tribunal Jurisdiction, Rent Arrears, Mesne Profits, Transitional Provisions
Source Language
EN
Landlord and Tenant Property Law Civil Procedure Security of Tenure Sub Tenancy Forfeiture Lands Tribunal Jurisdiction Rent Arrears +2 more

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Parties

Fung Shiu

Plaintiff

Wong Hin Fun

Plaintiff

Fok Hoi Ho

1st Defendant

Lee Tak Ming

2nd Defendant

Procedural Posture

Landlord and Tenant Possession / District Court Judgment After Hearing

Legal Issues

  1. 1 Whether the default judgment against the first defendant should be reinstated
  2. 2 Whether the second defendant is a lawful sub-tenant entitled to security of tenure
  3. 3 Whether s.53(6A) of the Landlord and Tenant (Consolidation) Ordinance applies in the District Court

Ratio Decidendi

The District Court reinstated judgment for the plaintiff against the first defendant for vacant possession and mesne profits, held s.53(6A) does not apply in the District Court so common law governs that a sub-tenancy normally terminates with the head-lease, but on the facts the second defendant is a lawful sub-tenant entitled to security of tenure of the cubicle occupied subject to payment of specified arrears and current rent; accordingly specific conditional orders were made preserving the sub-tenant's security of tenure.

Court Disposition

Judgment for plaintiff against 1st defendant for vacant possession and mesne profits; 2nd defendant declared a lawful sub-tenant entitled to security of tenure of his cubicle subject to conditions; costs awarded to plaintiff against 1st defendant to be taxed; no costs order against 2nd defendant.

Orders

  • Judgment for the Plaintiff against the 1st Defendant for vacant possession and mesne profits to the date vacant possession is delivered to the Plaintiff.
  • Order to take effect at the expiration of 4 weeks from giving of notice of judgment unless within that period the 1st Defendant pays into Court all rent in arrear together with such sum as would have been payable as rent if there had been no forfeiture and the costs of this action, costs to the Plaintiff to be taxed...